This guide is for Victorian public sector employees who are considering standing in a federal election. It explains what your obligations are in the lead-up to and during the election.
See our guidance on what public sector employees must do during elections for guidance on:
The VPSC also issues guidance for managers on how to manage an employee involved in election activities.
If you are a Victorian public sector employee, it is likely that you will need to resign to stand for a federal election.
Section 44 of the Australian Constitution states that ‘any person…holding an office of profit under the Crown… shall be incapable of being chosen or sitting as a senator or member of the House of Representatives’. This applies to Victorian public sector employees.
You should get independent legal advice about these grounds and how they apply to you.
If you are not elected, you may have the option to apply for reinstatement to your Victorian public sector role. We therefore recommend that you say in your resignation letter that the reason you are resigning is to stand in a federal election and include the date you resigned. You will need proof of these details if you later apply for reinstatement to your Victorian public sector role.
For further information, read the AEC’s resources including information about the grounds for disqualification and the Nomination Guide for candidates.
If a period exists between being selected as a candidate or starting to campaign unofficially, and resigning your employment, you will likely need to complete and comply with a conflict of interest management plan. This means you need to declare a conflict of interest based on your organisation’s conflict of interest policy
Check whether you can apply for reinstatement if you’re not elected
If you have resigned from your public sector role to stand in a federal election but do not win the election, you might be able to apply to return to work in the public sector in a process called ‘reinstatement’.
Reinstatement is when the Victorian Governor in Council formally approves your application for employment in the public sector. If you are reinstated it may not be to the same job you had before you resigned but it will usually be at the same level.
Clause 3 of Schedule 1 to the Public Administration Act 2004 (PAA) says that people employed in the public service or teaching service, or appointed as a police officer, can apply for reinstatement.
It is your responsibility to get independent legal advice about whether you are eligible for reinstatement.
If you are eligible to apply for reinstatement, you should apply as soon as you can after the election result is declared. This is because if your reinstatement application is granted by the Governor in Council it needs to be published in the Government Gazette within two months of when the election results are declared. It is your responsibility to apply as soon as possible so your application can be considered and, if granted, gazetted in time.
If you are a public sector employee who is not covered by clause 3 of Schedule 1 to the PAA and you want to stand in a federal election, you should speak with your manager or supervisor before you resign. There may still be options to return to a public sector role if you are not elected.
How to apply for reinstatement
To apply for reinstatement, you should email your request to: [email protected].
To make sure your request is processed quickly, you should put URGENT in the email subject line.
If you have any questions about the reinstatement process, you should send them to that email address too.
Step 1: include the following information in your email
Step 2: Attach the following documents to your email
If the Governor in Council approves your request for reinstatement you can then return to your role.
If the Governor in Council declines your request for reinstatement, there is no way that you can have the decision reviewed or changed under the PAA. If you would like this decision to be reviewed, you will need to get independent legal advice on other options.
You can contact the Australian Electoral Commission (AEC) for further information about the federal election.
If you have any questions about the reinstatement process, you should contact the Department of Premier and Cabinet: [email protected]
If you have any questions about the Codes of Conduct or the VPSC’s Guidance during election periods you should contact us at: [email protected]